The Credit Reporting Act, 2010

THE CREDIT REPORTING ACT, 2010
(Act 27 of 2010)

ARRANGEMENT OF SECTIONS

Short title and commencement.
Interpretation, objects and application.

PART I. Licensing of Credit Bureaus

Restriction on disclosure of credit information.
Licensing of credit bureaus.
Responsibilities of credit bureaus re licence.
Revocation, suspension or cancellation of licences.
Reports.

PART II. Obtaining and disclosing credit information

Credit information providers.
Register of credit information providers.
Prohibition of provision of credit information.
Disclosure of credit information.
Form and content of credit information.
Confidentiality of credit information.
Duty to disclose source of credit information.
Duty of disclosure to consumer.
Correction of information.
Investigation of complaints.

PART III. General

Appeal Tribunal.
Regulations.
Offences.
Liability of directors, etc.
Functions of supervising authority under this Act.
Special audit or examination of credit bureau.
Amalgamation and transfer.
Vesting of assets on sale of credit bureau.
Co-operation with supervising authority.
Investigations.
Indemnity.
Power of the Minister to amend penalties by order.
Amendments to other Acts.

SCHEDULES.

JAMAICA

No. 27—2010

I assent,

(Sgd.) P. L. Allen
Governor-General.

31st day of August 2010

AN ACT to Provide for the sharing of credit information between specified bodies, the licensing of credit bureaus and for connected matters.

[The date notified by the Minister bringing the Act into operation]

BE IT ENACTED by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:—

This Act may be cited as the Credit Reporting Act, 2010, and shall come into operation on a day appointed by the Minister by notice published in the Gazette.

2.—(1) In this Act—
“authorized officer” means an officer of the supervising authority, an officer of the Financial Investigation Division of the Ministry of Finance or a member of the Jamaica Constabulary Force, and any person acting in aid of such officer or member; “company” means a body corporate incorporated under the law of, and having its principal office in, Jamaica; “connected person” has the meaning assigned to it by section 2 of the Income Tax Act; “consumer” means any person or body, whether corporate or not; “credit bureau” means a company duly licensed under this Act; “credit information” means the information referred to in section 8(3); “credit information provider” means a credit information provider referred to in section 8 (2); “licence” means a licence granted under this Act to operate as a credit bureau; “personal information” means any information about a consumer, other than— (a) credit information; (b) the consumer’s name, present and past addresses, taxpayer registration number or other numerical reference, cataloguing or reference scheme used for identification purposes; and (c) any other relevant information about the consumer which is reasonably required in order to enable the credit information to be utilized for the purposes of this Act; “supervising authority” means the Bank of Jamaica or such other entity as may be designated by the Minister by notice published in the Gazette.

(2) The object of this Act is to ensure that credit reporting is done through reasonable procedures that meet the needs of commerce for credit information in a manner that is fair and equitable to the consumer, having regard to the confidentiality, accuracy, relevance and proper utilization of such information in accordance with the provisions of this Act.

(3) This Act applies to the disclosure—
(a) of credit information by an entity in Jamaica to another entity in or outside Jamaica; (b) by any entity outside Jamaica, of credit information relating to any transaction that takes place, in whole or in part, in Jamaica.

(4) A company that discloses credit information in any other country, in return for monetary payment or other reward, shall, for the purposes of this Act, be deemed to have made such disclosure in Jamaica.

PART I. Licensing of Credit Bureaus

3.—(1) Except as provided in this section, a person who discloses credit information about a consumer in return for monetary payment or other reward or as part of any business or undertaking, whether for profit or otherwise, commits an offence.

(2) Subsection (1) shall not apply to the disclosure of credit information— (a) by a credit bureau or credit information provider in accordance with the provisions of this Act; (b) by a credit information provider to another credit information provider, subject to the provisions of this Act; (c) by a company to another company that is— (i) a holding company or subsidiary of the company making the disclosure; or (ii) a subsidiary of the same holding company as the company making the disclosure, if the credit information is in respect of a customer of either company.

(3) Where a Resident Magistrate is satisfied upon information given by an authorized officer that there are reasonable grounds for suspecting that an offence under subsection (1) has been, or is being, committed by any person and that evidence of the commission of the offence is to be found on any premises specified in the information, the Resident Magistrate may grant a search warrant to the authorized officer in accordance with subsection (4).

(4) The warrant referred to in subsection (3) shall permit the authorized officer— (a) to enter (with or without a constable) the premises named in the warrant for the purpose of inspecting and making copies of such books, accounts, records and other documents, cheques and securities (in this subsection referred to as the relevant documents) as may be found on those premises and which may reasonably constitute evidence of the commission of an offence under subsection (1); or (b) to seize and detain the relevant documents for a period not exceeding thirty days.

(5) An order under subsection (4)(b) shall not be made in respect of accounting records used in the ordinary business of banking (including ledgers, daybooks, cash books and account books).

(6) For the purposes of subsection (4), the relevant documents include documents that are stored electronically and are accessible from those premises.

(7) An authorized officer may make copies of any document seized under subsection (4)(b).

(8) Any person who hinders or obstructs an authorized officer in the performance of his duties under subsection (4) commits an offence.

(9) An authorized officer shall—
(a) before entering any premises pursuant to a warrant under this section and if requested to do so by the owner or occupant of the premises, produce evidence of his authority to enter the premises and evidence of his identity; and (b) give a receipt for any item that the officer removes from the premises.

4.—(1) A company may apply for a licence under this Act by submitting an application to the Minister in such form as may be prescribed, along with the prescribed application fee and such other particulars as may be prescribed.

(2) The Minister may, in his discretion, grant or refuse an application for a licence, and— (a) where the Minister thinks necessary, he may require an applicant for a licence to furnish additional information; (b) where the Minister intends to refuse an application, he shall first afford the applicant an opportunity to be heard; and (c) where the application is refused, the Minister shall notify the applicant in writing of the refusal and the reasons for the refusal.

(3) A licence shall not be granted to any company unless the supervising authority indicates in writing to the Minister that it is satisfied that— (a) every person who is a director of the company or who is to perform corporate management functions in the company or who is a shareholder holding (whether in his own right or when counted with the holding of a connected person) ten per cent or more of the voting shares of the company, is a fit and proper person for that purpose; (b) adequate systems and arrangements have been put in place by the company so as to ensure compliance with the provisions of this Act; and (c) the company meets such capital requirements as may be prescribed by the Minister on the recommendation of the supervising authority.

(4) For the purposes of subsection (3)(a), a person is a fit and proper person if— (a) he has not been convicted in Jamaica or elsewhere, of an offence involving dishonesty; (b) he is not an undischarged bankrupt; (c) his employment record does not give the supervising authority reasonable cause to believe that the person has carried out any act involving dishonesty or any act involving impropriety in the handling of financial business; (d) in the opinion of the supervising authority— (i) he is a person of sound probity; (ii) he is able to exercise competence, diligence and sound judgment in fulfilling his responsibilities in relation to the credit bureau; and (iii) his relationship with the credit bureau will not threaten the interests of consumers, and for the purposes of this paragraph, the supervising authority shall have regard to any evidence that the person has— (A) engaged in any business practices appearing to the supervising authority to be deceitful or oppressive or otherwise improper, which reflect discredit to the person’s method of conducting business; or (B) contravened any provision of any enactment designed for the protection of the public against financial loss due to dishonesty, incompetence or malpractice by persons concerned in the provision of credit information, banking, insurance, investment or other financial services, or in the management of companies or due to bankruptcy.

(5) A licence may be granted subject to such terms and conditions as the Minister may specify in the licence and shall be issued to the applicant on payment of the prescribed licence fee.

(6) A person commits an offence if that person, in making any application under this section or in any information required to be furnished under subsection (2)— (a) supplies information, provides an explanation or makes a statement that he knows to be false in a material particular; (b) recklessly supplies information, provides an explanation or makes a statement which is false in a material particular; or (c) fails to inform the Minister of any material change in the accuracy of any information furnished, or required to be furnished, under this section.

(7) A person, other than a company duly licensed under this Act, commits an offence if that person, without the approval of the Minister, uses in connection with any business or undertaking carried on by that person, the words “credit bureau” or any other words which could reasonably be construed as indicating that the person carries on the business of a credit bureau.

(8) The Minister shall determine a licence application within one hundred and twenty days from the date on which the application and all information and particulars required to be furnished under this section are delivered to the Minister.

5.—(1) A credit bureau that breaches any term or condition of its licence commits an offence.

(2) A credit bureau shall, while its licence continues in force, annually on or before each anniversary of the grant of the licence, pay the prescribed licence fee to the Accountant-General.

6.—(1) This subsection applies if—
(a) a credit bureau has ceased to satisfy any of the requirements of section 4(3)(a) to (c); (b) a credit bureau was granted a licence as a result of a misleading or false representation or incorrect information, whether or not such representation or information was wilfully or knowingly given; (c) a credit bureau has failed to commence business as a credit bureau within six months after the date of the granting of its licence or such longer period as may be specified in the licence; (d) a credit bureau is insolvent; (e) a credit bureau is operating in a manner that contravenes any of the provisions of this Act or any regulations made under this Act, or constitutes an offence under this Act or a breach of any term or condition of its licence; (f) a credit bureau has not delivered to the supervising authority, within one hundred and twenty days after the end of a financial year, the credit bureau’s annual report in respect of that financial year; (g) based on a report from the supervising authority made after conducting an investigation into the matter, a credit bureau is not providing accurate or reliable credit information and the continuation of its licence is not in the best interest of consumers; or (h) a credit bureau has ceased to operate as a supplier of credit information.

(2) Where the supervising authority is satisfied that any of the matters referred to in subsection (1)(a) to (h) applies in relation to a credit bureau, the supervising authority may— (a) issue to the credit bureau such written directions as the supervising authority considers appropriate to remedy the matter and ensure compliance with the provisions of this Act, and specifying a time within which the directions shall be complied with; (b) take such immediate action as is necessary to safeguard the confidentiality of the credit information concerned, which action may include, in any case falling within subsection (1)(h), the seizure and detention of the credit information until the supervising authority is satisfied that appropriate measures are in place to ensure that the information is dealt with in accordance with paragraph 13 (b) of the First Schedule; and (c) if the credit bureau fails to comply with any direction given under paragraph (a) within the time specified in the directions, recommend to the Minister that the licence of the credit bureau be suspended or revoked.

(3) The Minister may—
(a) suspend or revoke the licence of a credit bureau upon the recommendation of the supervising authority pursuant to subsection (2)(c); or (b) suspend the licence of a credit bureau, notwithstanding the provisions of subsection (2), with immediate effect, or with effect from a date specified in the notice of suspension, if any of the matters referred to in subsection (1)(a) to (h) applies to the credit bureau and the Minister is satisfied that the suspension is warranted because the effective operation of credit reporting under this Act is in jeopardy or any consumer would otherwise be adversely affected.

(4) The procedure for the revocation and suspension of licences pursuant to subsection (3) shall be in accordance with the provisions of the First Schedule, and the Minister may by order subject to affirmative resolution and published in the Gazette amend the First Schedule.

(5) A suspension of a licence under this section shall be for such period, not exceeding one hundred and twenty days, as shall be specified in the notice of the suspension.

(6) If at the end of the period referred to in subsection (5), the Minister is satisfied that any of the grounds on which the licence was suspended still exist, the Minister may— (a) if he thinks fit, suspend the licence for a further period not exceeding one hundred and twenty days; or (b) revoke the licence, and the provisions of the First Schedule relating to the requirement for, and conduct of, a hearing shall apply to such suspension or revocation.

(7) The Minister may cancel the licence of a credit bureau upon the written request of that credit bureau, and the cancellation shall take effect upon the date specified in a notice made in relation thereto under subsection (8) (b).

(8) Before cancelling a licence pursuant to subsection (7), the Minister shall— (a) be satisfied that the credit bureau has complied with such directions as shall be given to it by the Minister with a view to ensuring the security and confidentiality of the credit information concerned; and (b) ensure that notice of the cancellation is published on at least two separate dates in a daily newspaper in circulation in Jamaica, specifying the date on which the cancellation shall take effect.

7.—(1) A credit bureau shall—
(a) within one hundred and twenty days after the end of each financial year, deliver to the supervising authority— (i) an annual report completed in the form set out in the Second Schedule; (ii) a copy of the credit bureau’s audited financial statements for that financial year and the auditor’s report in relation thereto; (iii) a copy of such auditor’s report on the credit bureau’s operations during that financial year, in such form as shall be prescribed; (b) obtain the written approval of the supervising authority before appointing any person to a position referred to in section 4(3)(a), or before transferring any of its shares to any person in circumstances where that person would fall within section 4(3)(a) as a result of the transfer, and shall for that purpose deliver to the supervising authority— (i) a copy of the person’s résumé and a fit and proper questionnaire supplied by the supervising authority and completed by that person; (ii) the details of any shares, or other interest, currently or previously held by the person in a credit information provider or in a corporate body which is a connected person in relation to the credit information provider; (iii) the details of any current or past interest in, or current or past position held with, any company whose licence has been suspended or revoked under this Act or under any other law of Jamaica or another jurisdiction; and (iv) such other information as the supervising authority may reasonably require for the purpose of assessing whether the person is a fit and proper person within the meaning of section 4(4); (c) give written notice to the supervising authority of any change of— (i) its address for service; (ii) any of the persons referred to in section 4(3)(a), or as to any matter affecting whether any such person is a fit and proper person within the meaning of section 4(4), delivered to the supervising authority within five days after such change.

(2) The supervising authority shall notify the credit bureau in writing of its decision to approve or disapprove a proposed appointment or transfer (as the case may be) under subsection (1) (b), within thirty days after receiving all the information required under that subsection.

(3) A credit bureau that fails to comply with this section commits an offence.

(4) The supervising authority may, with the approval of the Minister, amend the Second Schedule by order published in the Gazette.

PART II. Obtaining and disclosing credit information

8.—(1) A credit bureau may obtain from any of the credit information providers referred to in subsection (2) the information referred to in subsection (3).

(2) The credit information providers are—
(a) a bank licensed under the Banking Act;
(b) a financial institution licensed under the Financial Institutions Act; (c) a building society licensed under the Building Societies Act; (d) a society registered under the Co-operative Societies Act; (e) the Development Bank of Jamaica Limited; (f) a dealer in securities who is licensed under the Securities Act; (g) any person who carries on the business of selling goods under hire purchase, credit sale or conditional sale agreements, as defined by the Hire Purchase Act; (h) a person who publishes information on suits and judgments for debt claims; (i) a credit bureau; (j) an insurance company registered under the Insurance Act; (k) the National Housing Trust; (l) the Students’ Loan Bureau; (m) an entity exempt from the provisions of the Moneylending Act by section 13 of that Act; (n) such other body, other than an individual, as the Minister may designate to be a credit information provider by notice published in the Gazette and in at least one daily newspaper in circulation throughout Jamaica.

(3) The information referred to in this subsection is— (a) the amount and nature of loans or advances or other credit facilities granted by a credit information provider to any consumer; (b) the nature of the security taken from any consumer in respect of credit facilities (including lease financing or hire purchase arrangements) granted to the consumer by a credit information provider; (c) the nature of any guarantee or other non-fund based facility furnished to any consumer by the credit information provider; (d) information about any consumer’s financial means, creditworthiness or history of financial transactions (including antecedents and adverse court judgments), obtained by the credit information provider in relation to transactions involving the provider; (e) analysis of the information referred to in paragraphs (a) to (d), including any conclusions as to creditworthiness, whether in the form of a system of numerical or alphabetical scores or otherwise; (f) any credit related information that the Minister specifies, in directions issued by the Minister by notice published in the Gazette, as appropriate to include as credit information for the purposes of this Act.

(4) Subject to subsection (5), a credit information provider may disclose to a credit bureau, in accordance with this Act, the information referred to in subsection (3).

(5) A credit information provider shall not disclose credit information pursuant to any provision of this Act unless the credit information provider is satisfied, after undertaking all reasonable enquiries and investigations, that the information is reliable.

(6) For the purposes of this Act, credit information is reliable if it— (a) is accurate in all material respects; (b) is presented in a fair and balanced manner; and (c) does not include the personal information of any consumer unless the consumer consents to the inclusion, in writing attached to the information.

(7) A credit information provider commits an offence if that provider— (a) without the written consent of a consumer, discloses personal information about that consumer in supplying information under this Act; or (b) contravenes subsection (5) or (9).

(8) A credit bureau commits an offence if that credit bureau discloses credit information obtained from a person other than a credit information provider.

(9) Where, after being satisfied as to the matters referred to in subsection (5), a credit information provider discloses credit information and subsequently has reasonable grounds to believe that the information is unreliable, the credit information provider shall give to the consumer concerned, the persons to whom it disclosed the information, and to the supervising authority, written notification that the information is unreliable, and provide those persons with all the reliable credit information in its possession or control in respect of the matter.

(10) A credit information provider shall—
(a) at least seven days before first commencing the provision of any credit information, publish in a daily newspaper in circulation in Jamaica, a notice stating its intention to provide credit information; and (b) give to every applicant for any credit facility with the credit information provider, at the time of the application, a written notice stating that the credit information provider may disclose credit information about its customers to a credit bureau.

9.—(1) Every credit bureau shall maintain an up to date register of credit information providers, in accordance with the provisions of this section.

(2) The register shall state, in respect of each credit information provider from whom the credit bureau has requested or obtained credit information— (a) the name and address of the provider; (b) the number of instances in which— (i) that provider provided credit information that was not reliable; or (ii) the accuracy of credit information provided by that provider was disputed by a consumer; and (c) in respect of each instance specified under paragraph (b), whether or not the matter was resolved, so, however, that nothing in the register shall disclose any credit information or personal information relating to any consumer.

(3) A copy of the register shall be kept at every office of the credit bureau and shall be open for inspection by the public free of charge during the credit bureau’s normal hours of business.

(4) A credit bureau that contravenes any provision of this section commits an offence.

(5) A credit bureau shall—
(a) give to a credit information provider written notification of each entry made in its register in relation to that credit information provider pursuant to subsection (2); and (b) add to the entry the response (if any) received from the credit information provider in relation thereto, excluding any credit information or personal information relating to any consumer.

10.—(1) Where the supervising authority is satisfied that a credit information provider, other than a credit bureau— (a) has been convicted of an offence under section 8(7)(b); or (b) has, on one or more occasions, provided credit information that is not reliable, the supervising authority may act in accordance with subsection (2).

(2) The supervising authority may—
(a) issue to the credit information provider such directions as the supervising authority thinks appropriate to correct the matter, and shall therein specify a time within which the provider shall comply with such directions; and (b) if the credit information provider fails to comply with the directions within the time so specified, or such further period as the supervising authority may allow, prohibit the provider, by notice given in accordance with subsection (3), from providing credit information to credit bureaus.

(3) A notice under this section shall accord with the following procedures— (a) the notice shall be in writing and served on the credit information provider; (b) a copy of the notice shall be delivered to each credit bureau; and (c) the notice shall specify a date, not being more than fourteen days after which the credit information provider may apply to the supervising authority for permission to resume the provision of credit information.

(4) An application referred to in subsection (3)(c) shall be in writing, and the supervising authority may— (a) approve the application and revoke the notice by order; or (b) refuse the application and confirm the notice, and may request such additional information as he may require for the purpose of this subsection.

(5) A copy of the order referred to in subsection (4)(a) shall be delivered to each credit bureau.

(6) A credit bureau commits an offence if that credit bureau obtains or discloses credit information from a credit information provider during any period when a notice under this section is in effect in respect of that provider.

(7) A credit information provider who contravenes a notice issued under this section commits an offence.

11.—(1) No credit bureau shall disclose credit information, except— (a) in accordance with the order of a court; (b) subject to subsection (3), to a credit information provider; (c) to the supervising authority; (d) to the consumer to whom the information pertains; (e) information relating to the identification of any consumer, to a constable upon the production of a declaration in the form set out in the Third Schedule and sworn to by that constable; (f) as provided under this Act or any other law; or (g) in such other circumstances and to such other entities as the Minister may specify by order.

(2) For the purposes of subsection (1), information relating to the identification of any consumer means the consumer’s name, present and past addresses, taxpayer registration number or other numerical reference, cataloguing or referencing scheme used for identification.

(3) A credit bureau shall not disclose credit information about a consumer to any person under subsection (1)(b), unless that person furnishes to the credit bureau the consumer’s consent in writing to the disclosure.

(4) The provisions of section 8(5) to (9) shall apply, with the necessary modifications, to every disclosure made under this section, except a disclosure under subsection (1)(a).

(5) In providing credit information to any person, a credit bureau shall not disclose any credit information that the credit bureau knows or has reasonable cause to suspect, is false or misleading.

(6) A credit bureau that wilfully discloses credit information in contravention of the provisions of this section commits an offence.

(7) A credit information provider (other than a credit bureau) shall not use or disclose credit information obtained from a credit bureau, except— (a) in connection with the extension of credit to, a guarantee or other non-funds based facility for, or the purchase or collection of a debt incurred or guaranteed by, the consumer to whom the information pertains; (b) with the written permission of the consumer, for the purposes of— (i) the employment of the consumer; (ii) the underwriting of insurance involving the consumer; (iii) facilitating a financial or other commercial transaction involving the consumer; (c) for the purposes of updating any credit information disclosed under paragraph (a) or (b); or (d) in accordance with the written directions of the consumer to whom the credit information pertains.

(8) A credit information provider who contravenes subsection (7) or (13) commits an offence.

(9) A credit information provider may, in accordance with the written request of a consumer, disclose personal information about the consumer with any credit information disclosed under this section about that consumer.

(10) Where a consumer delivers to a credit information provider or credit bureau a written notice that any matter or transaction referred to in any credit information disclosed by the credit information provider or credit bureau has been, or may be, affected by a fraud committed by another person, the credit information provider or credit bureau (as the case may be) shall— (a) forthwith deliver a copy of the notice to each person to whom it disclosed the credit information and, in the case of a credit bureau, to the provider from whom it obtained the relevant credit information; and (b) include a copy of the notice in any credit information, concerning the matter or transaction, subsequently disclosed by it in relation to the consumer, until such time as the notice is rescinded in writing delivered by the consumer to the credit bureau.

(11) A notice or rescission under subsection (10) shall be delivered by the consumer in person, or by his agent so authorized, together with proof of the consumer’s identity.

(12) Where information disclosed by a credit bureau in accordance with the provisions of this Act is shown to be inaccurate, no civil or criminal liability shall attach to the credit bureau in respect thereof if— (a) at the time of the disclosure, the credit bureau did not know, or have reasonable cause to suspect, that the information was inaccurate; and (b) where knowledge of, or reasonable cause to suspect, the inaccuracy of the information came to the credit bureau at any time after it made the disclosure, the credit bureau forthwith— (i) gave notice in writing of the inaccuracy to the consumer concerned and to each person to whom it disclosed the information; and (ii) took steps to correct the inaccuracy in its credit files relating to the consumer concerned (including deleting or expunging the incorrect information from its records, or destroying the inaccurate information, as appropriate).

(13) Notwithstanding subsection (7), the use or disclosure of credit information under that subsection shall not be for monetary payment or other reward.

12.—(1) A credit bureau shall ensure that all credit information in its custody, possession or control is stored— (a) in a secure manner; (b) in a form that is capable of being reproduced in intelligible form for the purposes of section 15; and (c) in a repository located in Jamaica or, with the written approval of the Minister, in another jurisdiction, and shall not disclose any credit information that is not stored as required by this subsection.

(2) Credit information provided to any person by a credit bureau under the provisions of this Act shall not include— (a) information as to any judgment against the consumer— (i) given more than seven years before the date on which the information is provided, unless the judgment creditor confirms in writing that the judgment debt remains unpaid in whole or in part, and such confirmation is contained in the file referred to in subsection (3); and (ii) unless such information includes the amount of the judgment debt and the name and, where available, the address of the judgment creditor as given at the date of the judgment; (b) information as to any order of discharge from bankruptcy made in respect of the consumer more than seven years before the date on which the information is provided, unless more than one order of discharge from bankruptcy has been made in respect of the consumer; (c) information as to any action or claim involving the consumer, for which proceedings appear to be barred by virtue of the Limitation of Actions Act or any other law, unless the file referred to in subsection (3) contains evidence that such proceedings are not so barred; (d) information as to the payment or non-payment of taxes incurred more than seven years before the date on which the information is provided; (e) information as to convictions for any offence in respect of which— (i) an absolute discharge or full pardon has been granted by virtue of any law; (ii) the offender is released from imprisonment (whether or not such release is absolute or on conditions of parole) more than seven years before the date on which the information is provided; or (iii) the offender is not sentenced to serve a term of imprisonment and the date of conviction is more than seven years before the date on which the information is provided; (f) information as to any claim or action— (i) concluded more than seven years before the date on which the information is provided; or (ii) commenced more than twelve months before the date on which the information is provided, unless accompanied by information as to the current status of the claim or action; (g) information as to criminal charges that are, at the date on which the information is provided, dismissed, set aside or withdrawn; (h) any information adverse to the consumer that has not been verified by the credit bureau at any time during a period of seven years immediately preceding the date on which the information is provided; (i) any information provided orally to the credit bureau, unless such information is contained in a file referred to in subsection (3).

(3) A credit bureau shall maintain in respect of each consumer about whom it has obtained credit information, a file— (a) stored in a form that accords with subsection (1); and (b) consisting of all the material and information that a consumer is entitled to have disclosed under section 15.

(4) Before granting approval for credit information to be stored in another jurisdiction pursuant to subsection (1)(c), the Minister shall be satisfied, on the advice of the supervising authority, that— (a) appropriate arrangements are in place to ensure— (i) the security of the credit information when so stored; (ii) that the provisions of this Act will be complied with in relation to the credit information; (iii) that the credit information will be made accessible to an authorized officer for the purposes of any investigation conducted under this Act into any alleged breach of its provisions; and (b) all other prescribed requirements have been complied with.

(5) A credit bureau that contravenes any provision of this section commits an offence.

13.—(1) Subject to subsection (2), every credit bureau, credit information provider, present or past employee of a credit bureau or credit information provider, or other person who by reason of his capacity or office has by any means access to credit information, shall regard as secret and confidential all documents or information disclosed to it in connection with the performance of any duty or function under this Act.

(2) A disclosure made in any of the following circumstances shall not be deemed inconsistent with any duty imposed by this section, being a disclosure— (a) permitted by the provisions of this Act or any other law; (b) to the supervising authority for the purposes of this Act; (c) made in any legal proceedings for an offence under this Act or the Perjury Act; or (d) which it is reasonable for the credit bureau, credit information provider or other person aforesaid, to make for the purpose of executing the provisions of section 9(2) (contents of register) or for the purposes of a hearing under section 6.

(3) A person who contravenes subsection (1) commits an offence.

(4) Every credit bureau shall—
(a) take all reasonable steps to prevent unauthorized access to, or unauthorized use or disclosure of, credit information in its custody, possession or control; (b) notify the consumer concerned, and the supervising authority, as to any unauthorized access to, or unauthorized use or disclosure of, credit information referred to in paragraph (a); and (c) comply with such directions as may be given to it by the supervising authority as to the steps to be taken to remedy any unauthorized access to, or unauthorized use or disclosure of, credit information referred to in paragraph (a).

(5) A person who knowingly uses or discloses credit information obtained by any person in contravention of this Act commits an offence.

14.—(1) A person who obtains from a credit bureau any credit information about any consumer shall, if so requested by that consumer— (a) confirm the receipt of such information; and (b) disclose to the consumer the name and address of the credit bureau that provided the information.

(2) Where a person denies any benefit to, or imposes any liability upon, a consumer based on any credit information provided by a credit bureau, such person shall deliver to the consumer, at the time of communicating the denial or liability, a notice— (a) stating that the denial or the imposition of the liability is based on credit information provided by a credit bureau; and (b) advising the consumer of his right to request from that person, within thirty days after the receipt by the consumer of a notice under this subsection, the matters referred to in subsection (1)(b).

15.—(1) Subject to subsection (3), a credit bureau shall, upon the written request of a consumer, make to the consumer a clear and complete disclosure of— (a) the nature and substance of all information pertaining to that consumer in the credit bureau’s custody, possession or control; (b) the sources of such information; (c) the name and address of every person to whom such information has been disclosed by or on behalf of the credit bureau during a period of six months immediately preceding the date of the consumer's request.

(2) In making a disclosure under this section, the credit bureau shall inform the consumer of the consumer’s right to make a complaint under section 16.

(3) A disclosure under this section shall be made by the credit bureau to the consumer— (a) free of charge, in the case of the first request made by that consumer in each calendar year; and (b) on payment of a fee not exceeding the prescribed amount, in the case of a second or subsequent request by that consumer in that calendar year.

(4) A disclosure under this section shall be in writing delivered to the consumer within fourteen days after receiving the request.

(5) In subsection (3), the prescribed amount means such amount as may be prescribed by the Minister by order.

16.—(1) A consumer who disputes the accuracy or completeness of any information disclosed by a credit bureau in relation to that consumer may make a complaint in person or in writing to the credit bureau.

(2) Where a complaint is made under subsection (1), the credit bureau shall, as soon as is reasonably practicable, and in any event not later than fourteen days after the complaint is made— (a) take steps to confirm, correct or complete the information, as the case may be, in order to ensure the accuracy and completeness thereof; (b) ensure that any credit information about the consumer, disclosed by the credit bureau after receiving the complaint but before completing the steps required under paragraph (a), is accompanied by a copy of the complaint; (c) ensure that a written report of the complaint, and of the steps taken to resolve the complaint, is contained in the file referred to in section 12(3); (d) deliver a copy of the report referred to in paragraph (c) to the consumer without charge together with a written notice advising the consumer of his rights under the section and the time limits applicable under subsection (3); (e) where information is corrected or completed under paragraph (a), deliver a copy of such information to every person to whom the credit bureau disclosed the inaccurate or incomplete information.

(3) Where a consumer is dissatisfied with any step taken under subsection (2)(a)— (a) the consumer may complain in writing to the supervising authority within thirty days after receiving the report referred to in subsection (2)(c); and (b) upon receiving a complaint under paragraph (a), the supervising authority shall act in accordance with subsection (4), after giving the credit bureau a copy of the complaint and an opportunity to respond to the complaint in writing to the supervising authority within such period as the supervising authority may specify in writing.

(4) The supervising authority may—
(a) dismiss the complaint; or
(b) direct the credit bureau to take such steps as the supervising authority thinks necessary to— (i) correct or complete the information, which steps may include deleting or expunging incorrect information from the credit bureau’s records or destroying incorrect information, as the supervising authority considers appropriate in the circumstances; (ii) restrict or prohibit the use of such information, in the interest of protecting the reliability of information disclosed pursuant to this Act; (iii) notify persons to whom the inaccurate or incomplete information is disclosed by or on behalf of the credit bureau, of the correct or complete information, as the case may be, and shall forthwith notify the consumer and the credit bureau of its decision in writing.

(5) A consumer who, or credit bureau which, is aggrieved by any decision or direction made by the supervising authority under subsection (4) may appeal in writing to the Appeal Tribunal.

(6) Upon receiving an appeal under subsection (5), the Appeal Tribunal may, after conducting a hearing of the matter— (a) confirm the directions; (b) amend the directions as the Appeal Tribunal considers appropriate; or (c) revoke the directions.

(7) At a hearing under subsection (6)—
(a) the credit bureau, the consumer and the supervising authority shall, respectively, be entitled to attend the hearing and to be represented by an attorney-at-law or other person; and (b) the Appeal Tribunal may require the credit bureau to disclose the source of the inaccurate or incomplete information.

(8) A credit bureau that fails, without reasonable excuse, to comply with any direction given by the supervising authority under subsection (4) commits an offence and shall be liable upon conviction before a Resident Magistrate to a fine not exceeding two hundred and fifty thousand dollars.

(9) Subsection (8) shall not apply to any direction in respect of which an appeal is made under subsection (5), which has not been determined.

17.—(1) A person who alleges that he is adversely affected by the disclosure of any information by a credit bureau, in contravention of any provision of this Act, may make a complaint in writing to the supervising authority:
Provided that this section does not apply to any complaint that falls within section 16.

(2) The supervising authority—
(a) shall ensure that its decision in resolution of any complaint made under this section is communicated by notice in writing to the person who made the complaint, the credit bureau concerned and the credit information provider who furnished the information; and (b) may issue such directions as it thinks necessary to implement that decision.

(3) For the purpose of investigating a complaint made under subsection (1), the supervising authority may— (a) in writing, advise the credit bureau concerned of the general nature of the complaint and direct the credit bureau to furnish the supervising authority with such information as it may require; (b) after giving the credit bureau reasonable notice, require a person appointed by the supervising authority for the purposes of this section, to enter upon and carry out an inspection of any premises where the credit bureau carries on the business of providing credit information; (c) appoint a person to carry out the investigation.

(4) Where a Resident Magistrate is satisfied upon information given by a person appointed under subsection (3)(c), that there are reasonable grounds for believing that there is at any premises any item relevant to the investigation, the Resident Magistrate may issue a warrant authorizing the person, together with a constable to enter and search such premises, if necessary by force, and to examine the item or remove the item for the purpose of making copies.

(5) Where a person or constable removes an item from any premises for the purpose of making copies under this section, the person or constable, as the case may be, shall give a receipt for the item to the occupant of the premises and shall ensure that the copies are made and the item returned to the premises as soon as is reasonably practicable, and in any event not later than thirty days after the removal.

(6) A copy of any item removed from premises under subsection (4) and certified to be a true copy by the person or constable who removed it, shall be admissible in evidence as if it were the original of such item.

(7) For the purposes of this section “item” means any book, document, electronic information or any object.

(8) A person commits an offence if that person, without lawful justification or excuse, obstructs, hinders, resists or fails to comply with the lawful direction of a person appointed under subsection (3) (c) or a constable, in the exercise of any function under this section.

PART III. General

18.—(1) There is hereby established for the purposes of this Act, an Appeal Tribunal, and the provisions of the Fourth Schedule shall have effect as to the constitution of the Appeal Tribunal and otherwise in relation thereto.

(2) The Appeal Tribunal shall have the functions conferred upon it under section 16(5) to (7) and this section.

(3) The complainant or credit bureau concerned may appeal to the Appeal Tribunal against a decision of the supervising authority in respect of any complaint made under section 17.

(4) An appeal under subsection (3) shall be made within twenty-one days after the complainant or credit bureau, as the case may be, receives written notice of the decision and the reasons therefor.

(5) On hearing an appeal under this section, the Appeal Tribunal may, subject to subsection (6)— (a) confirm, modify or reverse the decision of the supervising authority, or any part of that decision; (b) in writing, refer the decision back to the supervising authority for reconsideration by it, either generally or in relation to any matter specified by the Tribunal, and the Tribunal shall, within thirty days thereof, state the reasons for so doing.

(6) The Appeal Tribunal may, on application by an appellant, order that the supervising authority’s decision to which the appeal relates, and any directions issued by the supervising authority in connection therewith, shall not have effect until the appeal is determined.

(7) The Appeal Tribunal may dismiss an appeal if it is of the opinion that the appeal is frivolous, vexatious or not made in good faith.

(8) Where under subsection (7) the Appeal Tribunal dismisses an appeal, it shall in writing inform the appellant and the supervising authority, stating the reasons therefor.

(9) In making a decision, the Appeal Tribunal shall— (a) observe procedural fairness and the rules of natural justice; and (b) act in a timely fashion.

19.—(1) The Minister may make regulations generally for the purpose of giving effect to the provisions of this Act, and in particular may make regulations— (a) exempting any class of persons from any provision of this Act; (b) governing the form of, and procedure for, applications for the grant or renewal of licences; (c) prescribing terms or conditions to be included in licences; (d) for the payment of fees for such applications and the amount of such fees; (e) prescribing the books, accounts and records to be kept, and the returns to be made, by a credit bureau; (f) prescribing requirements which must be satisfied under section 12(5)(b) for the storage of credit information in another jurisdiction.

(2) Regulations made under subsection (1) shall be subject to affirmative resolution.

(3) Regulations made under subsection (1) may provide for a penalty, on summary conviction in a Resident Magistrate’s Court, of a fine not exceeding two hundred and fifty thousand dollars.

20.—(1) The penalties set out in column B of the Fifth Schedule shall apply to the offences specified in relation thereto in column A of that Schedule.

(2) Where a person commits an offence under this Act, for which no penalty is expressly provided, such person shall be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

21.—(1) Where a credit bureau commits an offence under this Act— (a) with the knowledge and consent of any director of the credit bureau; or (b) due to the negligence, default, breach of duty or breach of trust, of any director of the credit bureau, such director shall, notwithstanding any penalty imposed on the credit bureau for the offence, be liable to conviction for the offence.

(2) For the purposes of subsection (1), “director” includes a company secretary, a person who performs corporate management functions in relation to the credit bureau, and any person in accordance with whose directions or instructions the directors of the company are accustomed to act.

(3) No action shall lie against any officer, agent or employee of a credit bureau in respect of any act done in good faith and in accordance with the provisions of this Act.

22.—(1) The supervising authority is responsible for the supervision of credit bureaus.

(2) For the purposes of subsection (1), the supervising authority shall— (a) compile such statistics, relating to the provision in Jamaica of credit information by credit bureaus, as the Minister may require, and maintain a general review of the practice of credit bureaus in Jamaica; (b) examine and report to the Minister on the several returns delivered to it pursuant to section 7; (c) at least once in each year, examine in such manner as it thinks necessary the affairs or business of every credit bureau carrying on business in Jamaica or elsewhere for the purpose of being satisfied that the provisions of this Act are being complied with and that the credit bureau is in a sound financial position, and report to the Minister the results of every such examination; (d) examine and make recommendations to the Minister with respect to applications for licences; (e) submit to the Minister— (i) an annual report relating generally to the execution of its duties; and (ii) at any time, a report relating to the condition of any credit bureau examined by it, and any such report may contain such recommendations as the supervising authority considers necessary or desirable to correct any malpractices or deficiencies discovered in the execution of its duties.

(3) In the performance of its functions under this Act, the supervising authority shall be entitled at all reasonable times to— (a) have access to all information, books, records and documents— (i) in the possession or control of any credit bureau; and (ii) that relate to the operations of the credit bureau and may reasonably be required for the performance of those functions; (b) require any director, manager, officer, auditor, former auditor, or employee, of any credit bureau to furnish such information or to produce any such books, records or documents as are in his possession or control.

(4) The supervising authority may, as it thinks fit from time to time, issue directions as to standards to be observed in relation to— (a) the operations of credit bureaus; and (b) the provision of credit information by credit information providers, including standards as to appropriate systems for assessing, measuring, monitoring and mitigating identified risks.

(5) Any person who—
(a) fails to comply with a requirement made under subsection (3)(b); (b) fails to comply with directions issued under subsection (4); (c) wilfully attempts to mislead, or makes any false statement with intent to mislead, the supervising authority in the execution of its functions under this Act; or (d) without lawful excuse or justification, obstructs or hinders the supervising authority in the execution of its functions under this Act, commits an offence.

23.—(1) Where in any particular case, the supervising authority has reasonable cause for believing that a special audit of a credit bureau should be conducted by an auditor other than the credit bureau’s auditor, the supervising authority may appoint an auditor or a firm of auditors for that purpose.

(2) Where an auditor or a firm of auditors is appointed pursuant to subsection (1), the supervising authority shall require that the auditor or firm of auditors carry out and report in writing to the supervising authority on— (a) such examination of the credit bureau’s procedures as the supervising authority may specify in order to determine whether or not those procedures are adequate for the protection and reliability of credit information; (b) such other examination of the credit bureau as, in the opinion of the supervising authority, is necessary in the public interest.

(3) The expenses, as approved by the supervising authority, of any audit or examination carried out pursuant to subsection (1) shall be paid by the supervising authority and the amount so paid— (a) shall be repaid to the supervising authority by the credit bureau concerned; and (b) may be recovered by or on behalf of the supervising authority summarily in a Resident Magistrate’s Court, without limit of amount, as a civil debt.

(4) An auditor or firm of auditors appointed under subsection (1) shall not be regarded as being in breach of a duty of confidentiality to the credit bureau in consequence of any report made to the supervising authority in compliance with subsection (1).

24.—(1) Subject to subsections (2) to (4), a credit bureau shall not amalgamate its business with, or transfer its business to, any other entity.

(2) A credit bureau may, with the approval of the Minister, enter into an agreement or arrangement to— (a) amalgamate its property and business (whether in whole or in part) with the property and business of any other credit bureau; or (b) transfer its business (in whole or in part) to another credit bureau.

(3) An application to the Minister for approval under subsection (2) shall be in the form of a scheme and shall be regulated in accordance with such provisions as may be prescribed by the supervising authority with the approval of the Minister.

(4) Where an amalgamation or transfer referred to in subsection (2) takes place, the credit bureau as amalgamated or to which the business is transferred (as the case may be) shall, within thirty days after the date of completion of the amalgamation or transfer, or such longer period as the Minister may allow, deposit with the Minister— (a) certified copies of statements of the assets and liabilities of the credit bureaus concerned in the amalgamation or transfer, together with a statement of the nature and terms of the amalgamation or transfer; (b) a certified copy of the agreement or deed under which the amalgamation or transfer is effected; (c) a declaration signed by the secretary or manager, if any, and by at least two directors of the credit bureau that, to the best of their belief, all credit information in the possession of the credit bureaus concerned in the amalgamation or transfer has at all times during the process of the amalgamation or transfer been kept in accordance with this Act, and is being so kept by the credit bureau as amalgamated.

(5) A person who, in any statement, agreement, deed or declaration referred to in subsection (4), causes or permits the inclusion of any information which he knows to be false in a material particular or recklessly includes any information which is false in a material particular, commits an offence.

25.—(1) Where a credit bureau amalgamates its business with, or transfers its business to, another credit bureau, if the purchasing credit bureau requires that assets included in the sale agreement be vested in it pursuant to this section, it may make written application to the Minister, specifying which of such assets it requires to be so vested.

(2) Where the Minister receives an application under subsection (1), he may, if he thinks fit, make an order vesting, subject to the sale agreement, the assets specified in the application in the purchasing credit bureau. And thereupon— (a) the assets shall so vest without further conveyance, assignment or assurance; and (b) without prejudice to paragraph (a), the credit bureau making the sale shall, if requested by the purchasing credit bureau, execute such formal and separate conveyances, assignments and assurances as are reasonably required by the purchasing credit bureau in conformity with the sale agreement.

Every entity having supervisory control over credit information providers shall co-operate with the supervising authority and grant to the supervising authority such assistance as it may reasonably require in the exercise of its functions under this Act.

27.—(1) The supervising authority may, where it considers it expedient to do so, hold or cause to be held an investigation— (a) to determine whether it should advise that any licence granted under this Act should be suspended, restored or revoked; (b) to determine whether a breach of any provision of this Act, any regulations made hereunder or the terms or conditions of any such licence has been committed, and the circumstances thereof; or (c) as respects any matter related to or connected with its functions so as to determine whether any of such functions should be exercised.

(2) With respect to any investigation under subsection (1), the following provisions shall have effect— (a) any person holding the investigation (hereinafter referred to as “the investigator”) shall do so in such manner and under such conditions as the investigator thinks fit; (b) the investigator shall have, for the purposes of the investigation, the power to— (i) summon witnesses; (ii) call for the production of books and documents; and (iii) examine on oath any witnesses and the parties concerned; (c) any person summoned to attend or to produce books or documents under this section who refuses or neglects to do so, or refuses to answer any question put to him by or with the concurrence of the investigator, commits an offence; (d) any witness attending at the request of, or upon summons by, the investigator shall be entitled— (a) subject to any order made by the supervising authority, to such allowances for expenses as may be prescribed; and (b) to have his attorney-at-law present.

No liability is incurred by the Minister or the supervising authority, or any of its officers, for anything done bona fide in the exercise of any power, or the performance of any function or duty, under this Act.
Subject to affirmative resolution, the Minister may by order published in the Gazette amend any monetary penalty imposed by this Act.

30.—(1) The Banking Act and the Financial Institutions Act are amended, respectively, in the Fourth Schedule thereto by, in each case— (a) deleting the full stop appearing at the end of paragraph (m) and substituting therefor a semi-colon; and (b) inserting the following as paragraph (n)— “(n) information disclosed in accordance with the Credit Reporting Act.”.

(2) The Building Societies Act is amended in the Eighth Schedule by— (a) deleting the full stop appearing at the end of paragraph (1) and substituting therefor a semi-colon; and (b) inserting the following as paragraph (m)— “(m) the information is disclosed in accordance with the Credit Reporting Act.”.

FIRST SCHEDULE (Section 6)

Procedure for Suspension or Revocation of Licences

(1) Before acting under section 6(3)(a), the Minister shall give notice of his intention to do so, in writing to the credit bureau concerned.

(2) A credit bureau that receives a notice under paragraph (1) may request a hearing by delivering to the Minister, within twenty-one days after receiving the notice, a written request setting out the reasons why the licence should not be suspended or revoked (as the case may be).

(3) Where a request for a hearing is made under paragraph (2), the Minister may, if he thinks fit, appoint a person or persons— (a) to conduct the hearing; and (b) to submit to him, for his determination, a written report of the findings and recommendations, within twenty-one days after the hearing.

(4) A person or persons appointed under paragraph (3) shall conduct the hearing within twenty-one days after the date on which the appointment is made.

(5) Where the person or persons referred to in paragraph (4) fail to comply with that paragraph, the Minister shall conduct the hearing.

(6) After a hearing is conducted under this Schedule, the Minister may— (a) revoke or suspend the licence; (b) in the case of a suspension, reduce the period of suspension of the licence; or (c) determine that no action is warranted under section 6(3).

(7) Where a suspension or revocation is rescinded under paragraph (6), the Minister shall ensure that a notice of the rescission of the suspension or revocation is published, as soon as is reasonably practicable, on at least two separate dates in a newspaper in circulation in Jamaica.

(8) The credit bureau concerned and the supervising authority shall be entitled to attend the hearing and shall be entitled to make representations through their officers or attorneys-at-law.

(9) Subject to the provisions of this Schedule, the Minister or the person or persons (as the case may be) conducting a hearing under this Schedule may determine the form of the proceedings at the hearing, which may include the giving of evidence upon oath and the marshalling of evidence by an attorney-at-law.

(10) The Minister shall ensure that a copy of the reasons for his decision following a hearing is delivered, in writing within thirty days after the hearing, to the person who requested the hearing and to the supervising authority.

(11) Subject to section 6(5) the period for which a licence is suspended pursuant to paragraph (6) shall be specified in the reasons for the decision delivered under paragraph (10).

(12) The revocation of a licence pursuant to this Schedule shall take effect upon the date specified in the notice referred to in paragraph (13).

(13) Where a licence is revoked or suspended under this Schedule— (a) a notice of the revocation or suspension, as the case may be, shall be published on at least two separate dates in a daily newspaper in circulation in Jamaica; (b) the Minister shall give to the person whose licence is revoked or suspended, such directions as he thinks fit with a view to securing the confidentiality, preservation and storage of any credit information concerned; and (c) the person referred to in paragraph (b) shall act in accordance with the directions given by the Minister under that paragraph, and no proceedings shall be taken against that person in respect of any action taken in accordance with such directions.

(14) A person who fails to comply with directions given under paragraph (13) commits an offence.

(15) There shall be paid to a person or persons appointed under paragraph (3) such remuneration by way of honorarium as the Minister shall determine.

SECOND SCHEDULE (Section 7)

Form of Annual Report

Name of credit bureau: _________________________________________________
Principal place of business: _____________________________________________

List all other places of business: ________________________________________

List the names and addresses of all directors, managers and senior officers:

List all credit information providers on your register:
(1) __________________________________________________________________ (2) __________________________________________________________________ (3) __________________________________________________________________ (4) __________________________________________________________________ (5) __________________________________________________________________ (6) __________________________________________________________________ (7) __________________________________________________________________ Continue list on additional sheet, if necessary.
State the following:
(1) Total number of credit reports provided during the year: ____________________ (2) Percentage of total credit reports provided to:
(i) Banks __________________________________________________________ (ii) Licensed Financial Institutions ______________________________________ (iii) Building Societies ________________________________________________ (iv) Credit Unions ____________________________________________________ (v) Development Bank of Jamaica _______________________________________ (vi) Hire Purchase Companies __________________________________________ (vii) Insurance Companies ______________________________________________ (viii) Other credit bureau _______________________________________________ (ix) Others __________________________________________________________
State:
(1) The number of consumers requesting disclosure under section 15: ______________ (2) The number of complaints raised under section 16(1): _______________________ (3) The number of corrections, supplements and deletions made under section 16(2): ______________________________________________________________________ (4) The number of corrections ordered by the supervising authority under section 16(4): ______________________________________________________________________ (5) The number of notifications ordered by the supervising authority under section 16(4): ______________________________________________________________________
List all appeals made by consumers to the Appeal Tribunal under subsection 16(5) and the outcome of all hearings:
(1) __________________________________________________________________ (2) __________________________________________________________________ (3) __________________________________________________________________ (4) __________________________________________________________________ (5) __________________________________________________________________ (6) __________________________________________________________________ (7) __________________________________________________________________
List all complaints in respect of which the supervising authority has required information under section 17:
(1) __________________________________________________________________ (2) __________________________________________________________________ (3) __________________________________________________________________ (4) __________________________________________________________________ (5) __________________________________________________________________ (6) __________________________________________________________________ (7) __________________________________________________________________
State whether any investigation has been undertaken by a person appointed by the supervising authority under section 17 and the outcome of such investigation:

List all lawsuits which have been filed or threatened by consumers arising out of any credit report:
(1) __________________________________________________________________ (2) __________________________________________________________________ (3) __________________________________________________________________ (4) __________________________________________________________________ (5) __________________________________________________________________ (6) __________________________________________________________________ (7) __________________________________________________________________

We, ________________________________ and ________________________________, being two directors of the above-mentioned credit bureau, hereby declare and confirm that the information stated above is accurate and complete in all material respects.

Signed: ______________________________________________________________ Name of Director: _____________________________________________________

Dated this ____________ day of ________________________, ____________.

Note: Your audited financial statements for the relevant financial year should be provided with this annual report.

THIRD SCHEDULE (Section 11)

Form of Statutory Declaration

STATUTORY DECLARATION of
(here state name of declarant)
IN THE MATTER of section 11(1)(e) of the Credit Reporting Act.
AND IN THE MATTER of
______________________________________________________________________ (here state name of the consumer).

I, ____________________________________________________________________ (here state name of declarant) do solemnly and sincerely declare that: --

I reside and have my true place of abode at
______________________________________________________________________ ______________________________________________________________________ (here state address of declarant) in the Parish of ________________________________________________________, Jamaica and I am a member of the Jamaica Constabulary Force holding the rank of ______________________________________________________________________ (here state rank) I am duly authorized to make this Declaration on behalf of the Jamaica Constabulary Force.
The Jamaica Constabulary Force is currently conducting certain investigations and believes that
______________________________________________________________________ (here state name of consumer) may be able to assist in such investigations.
In connection with the foregoing, the Jamaica Constabulary Force requires identification information with respect to
______________________________________________________________________ (here state name of consumer)
I confirm that the information requested is required solely for the purposes contemplated by section 11(1) (e) of the Credit Reporting Act.
AND I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Voluntary Declarations Act.

TAKEN AND ACKNOWLEDGED this )
) day of , ) ________________________________
) before me: )

________________________________________________ JUSTICE OF THE PEACE for the parish of:

FOURTH SCHEDULE (Section 18)

Constitution and Procedure of Appeal Tribunal

Constitution. 1. (1) The Appeal Tribunal shall consist of at least three members appointed by the Minister as follows— (a) at least one member shall be an attorney-at-law who has practised for at least ten years; and (b) the other members shall be selected from among persons who appear to the Minister to be qualified as having had experience of, and shown capacity in, matters relating to industry, finance, economics, accountancy, commerce or law.

(2) If there are fewer than three members, but at least two members in office, the Tribunal shall be deemed to be properly constituted for a period not exceeding ninety days after the deficiency in the number of members first occurs.

(3) During any period in which there is a deficiency in number, the Minister— (a) may by order appoint additional members to the Tribunal for a limited period and purpose; and (b) shall in any such order, state that the member’s participation is limited to specified matters or classes of matters within the jurisdiction of the Tribunal.

(4) The Tribunal shall meet at such times as may be necessary for hearing appeals under this Act.

Tenure of Office. 2. The members of the Tribunal shall, subject to the provisions of this Schedule, hold office for such period not exceeding two years as the Minister may determine and shall be eligible for reappointment.

Disqualification from appointment. 3. No person shall be qualified for appointment as a member of the Tribunal who— (a) is a member of the Senate or the House of Representatives; (b) is a director, officer, employee or auditor of a credit bureau or credit information provider; and (c) has a direct or indirect proprietary interest in more than five percent of any class of the shares of any credit bureau or credit information provider.

Chairman. 4.—(1) The Minister shall appoint one of the members of the Tribunal to be the chairman thereof.

(2) In the case of the absence or inability of the chairman to act at any sitting of the Tribunal, the members of the Tribunal present at that sitting shall elect one of their number to act as chairman at that sitting.

Hearing panel. 5.—(1) A matter referred to the Tribunal shall be heard and determined by a panel consisting of three members of the Tribunal, one of whom shall be an Attorney-at-law, as assigned by the chairman of the Tribunal.

(2) In assigning members of the Tribunal to a panel, the chairman shall take into consideration the requirements, if any, for experience and expertise to enable the panel to decide the issues raised in any matter before the Tribunal.

(3) The Tribunal may co-opt to a panel such persons as, in its opinion, have the requisite expertise in any matter before that panel for the purpose of advising the panel on that matter.

Disclosure of interest. 6.—(1) A member of the Tribunal who has any interest, directly or indirectly, in any matter brought before the Tribunal— (a) shall disclose the nature of the interest at a sitting of the Tribunal; and (b) shall not take part in any deliberation or decision of the Tribunal with respect to that matter.

(2) A notice in writing given by a member at a sitting of the Tribunal to the effect that he is interested in any appeal before the Tribunal, for the purposes of sub-paragraph (1), be a sufficient disclosure of his interest in relation to any appeal.

(3) A member need not attend in person at a sitting of the Tribunal in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by notice in writing which is taken into consideration and read at such a sitting.

Resignations. 7.—(1) Any member of the Tribunal, other than the chairman, may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman, and from the date of the receipt by the Minister of such instrument, that member shall cease to be a member of the Tribunal.

(2) The chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt of that instrument by the Minister.

Revocation of appointment. 8. The Minister may at any time revoke the appointment of any member of the Tribunal if such member— (a) becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health; (b) becomes bankrupt or compounds with, or suspends payment to, his creditors; (c) is convicted and sentenced to a term of imprisonment or to death; (d) is convicted of an offence involving fraud, dishonesty or moral turpitude; (e) becomes disqualified for appointment by virtue of paragraph 3; (f) fails without reasonable excuse to carry out any of the functions conferred or imposed on him under this Act; or (g) engages in such activities as are reasonably considered prejudicial to the interest of the Tribunal.

Filling of vacancy. 9. If any vacancy occurs in the membership of the Tribunal, such vacancy shall be filled by the appointment of another member thereof.

Publication of membership. 10. The names of all members of the Tribunal as first constituted and every change in the membership thereof shall be published in the Gazette.

Remuner

The Credit Reporting Act, 2010

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